N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.24

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.24 - Exhibit 24: visual impacts

Exhibit 24 shall contain:

(a) A visual impact assessment (VIA) to determine the extent and assess the significance of facility visibility. The components of the VIA shall include identification of visually sensitive resources, viewshed mapping, confirmatory visual assessment fieldwork, visual simulations (photographic overlays), cumulative visual impact analysis, and proposed visual impact mitigation. The VIA shall address the following issues:

(1) the character and visual quality of the existing landscape;

(2) visibility of the facility, including visibility of facility operational characteristics, such as visible plumes from the exhaust stacks;

(3) visibility of all above-ground interconnections and roadways to be constructed within the facility study area as determined by the viewshed analysis;

(4) appearance of the facility upon completion, including building/structure size, architectural design, facade colors and texture, and site lighting;

(5) lighting (including lumens, location and direction of lights for facility area and/or task use, and safety including worker safety and tall structure marking requirements) and similar features;

(6) representative views (photographic overlays) of the facility, including front, side and rear views, indicating approximate elevations;

(7) nature and degree of visual change resulting from construction of the facility and above-ground interconnections;

(8) nature and degree of visual change resulting from operation of the facility;

(9) analysis and description of related operational effects of the facility such as visible plumes, shading, glare, and shadow flicker;

(10) proposed mitigation and mitigation alternatives based on an assessment of mitigation strategies, including screening (landscaping), architectural design, visual offsets, relocation or rearranging facility components, reduction of facility component profiles, alternative technologies, facility color and design, lighting options for work areas and safety requirements, and lighting options for stack lighting if required by the Federal Aviation Administration; and

(11) a description of all visual resources that would be affected by the facility.

(b) The viewshed analysis component of the VIA shall be conducted as follows:

(1) Viewshed maps depicting areas of project visibility within the facility study area shall be prepared and presented on a 1:24,000 scale recent edition topographic base map. A line of sight profile shall also be done for resources of statewide concern located within the VIA study area. The viewshed maps shall provide an indication of areas of potential visibility based on topography and vegetation and the highest elevation of facility structures. The potential screening effects of vegetation shall also be shown. The map(s) shall be divided into foreground, midground and background areas based on visibility distinction and distance zone criteria. Visually-sensitive sites, cultural and historical resources, representative viewpoints, photograph locations, and public vantage points within the viewshed study area shall be included on the map(s) or an overlay. An overlay indicating landscape similarity zones shall be included.

(2) The VIA shall include a detailed description of the methodology used to develop the viewshed maps, including software, baseline information, and sources of data.

(3) The viewshed mapping shall be used to determine the sensitive viewing areas and locations of viewer groups in the facility vicinity. These shall include recreational areas, residences, businesses, historic sites (listed or eligible for listing on the State or National Register of Historic Places), and travelers (interstate and other highway users).

(4) The applicant shall confer with municipal planning representatives, DPS, DEC, OPRHP, and where appropriate, APA in its selection of important or representative viewpoints. Viewpoint selection is based upon the following criteria:

(i) representative or typical views from unobstructed or direct line- of-sight views;

(ii) significance of viewpoints, designated scenic resources, areas or features (which features typically include, but are not limited to: landmark landscapes; wild, scenic or recreational rivers administered respectively by either the DEC or the APA pursuant to ECL article 15 or Department of Interior pursuant to 16 USC section 1271; forest preserve lands, scenic vistas specifically identified in the Adirondack Park State Land Master Plan, conservation easement lands, scenic byways designated by the Federal or State governments; scenic districts and scenic roads, designated by the Commissioner of Environmental Conservation pursuant to ECL Article 49 scenic districts; scenic areas of statewide significance; State parks or historic sites; sites listed on National or State Registers of Historic Places; areas covered by scenic easements, public parks or recreation areas; locally designated historic or scenic districts and scenic overlooks; and high-use public areas;

(iii) level of viewer exposure, i.e., frequency of viewers or relative numbers, including residential areas, or high volume roadways;

(iv) proposed land uses;

(v) input from local public sources; and

(vi) building/structure data collected for each potentially eligible property prepared in a format acceptable to OPRHP and DPS and submitted to OPRHP and DPS for review prior to completing the viewpoint selection.

(5) Photographic simulations of the facility and interconnections shall be prepared from the representative viewpoints to demonstrate the post-construction appearance of the facility. Where vegetation screening is relied on for project mitigation, leaf-off and leaf-on simulation shall be provided. Representative viewpoints shall be established in consultation with DEC, DPS, OPRHP, and APA where appropriate.

(6) Additional revised simulations illustrating mitigation shall be prepared for those observation points for which mitigation is proposed in the application.

(7) Each set of existing and simulated views of the facility shall be compared and rated and the results of the visual impact assessment shall be summarized. Documentation of the steps followed in the rating and assessment methodology shall be provided including results of rating impact panels and a description of the qualifications of the individuals serving on the panels. Where visual impacts from the proposed facility are identified, potential mitigation measures shall be outlined, and the extent to which they effectively minimize such impact shall be discussed.

(8) As applicable to the proposed facility technology, the analysis shall include analyses of overall appearance and operational characteristics of the facility and related facilities, including stack and cooling tower plume visibility, shading, glare, shadow flicker, or related visible effects of facility operation, including an assessment of the predicted extent, frequency, and duration of any such visible effects created by the facility.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.24